Introduction to the Workshop

What is the role of international tribunals in fighting corruption? Ever since Judge Lagergren stated that corruption is an “international evil”, “contrary to good morals and to an international public policy common to the community of nations”, the anti-corruption movement has gained front row in the international agenda and a wide range of initiatives have been implemented to outlaw corruption on both the national and international level. Those charged with administering justice at the state level have the responsibility of ensuring that such instruments are applied properly. This raises the question of where that leaves arbitrators. There are two possible avenues. Considering arbitrators as responsible to ensure compliance with the law or as mere adjudicators of a certain dispute. This conference will present and examine the view that arbitration practitioners have an ethical duty to find viable and effective means to fight corruption when there is evidence of such conduct in arbitration proceedings.

The conference will review how arbitrators are dealing with allegations of corruption underlying cases in both commercial and investment arbitration, and will identify and analyze key issues of evidence and proof, remedies available and ethical responsibilities. The program brings together leading arbitration specialists from around the world with special expertise in dealing with such cases, assuring cross-cultural perspectives on these important issues.

Tuition

ITA Advisory Board members who did not attend the 2015 Dallas Workshop for free are entitled to register for this Americas Workshop for free. To register for free, please contact Krishonne Johnson (+1.972.244.3414).

16:20

How to Advance a Career as a Young International Arbitrator

This session aims to provide practical advice on how to gain access and advance a career in international arbitration. The panel will comment on the issues a young practitioner has to face in order to access the world of international arbitration as an arbitrator. Our panelists will share their experience on how they overcame the barrier of their first appointment and other essential professional aspects every young practitioner must know.

Rocío Digon, Managing Director and Counsel, SICANA Inc., ICC International Court of Arbitration, New York

Abby Cohen Smutny, White & Case, Washington, D.C.

Ricardo Izeta, Head of the legal department on the Thermoelectric Projects Coordination, Federal Electricity Commission (CFE), Mexico City

17:30

Coffee break

17:50

Counsel´s Ethical Obligations in International Arbitration -- Differing Norms and Expectations on the Production of Evidence for Party Representatives

This panel will initiate a debate on the conduct of counsel and their ethical obligations, based on the following hypothetical questions: A party representative is aware that that there is an incriminating piece of evidence in its client´s records. As counsel to this party what would you do? Is the lawyer´s duty first to protecting the interests of his/her client or to the arbitral tribunal and the arbitral process – even if it incriminates its client. Is there a different approach that would be taken depending if the representative is Latin American or a common law practitioner? Our panelists will comment on how the IBA Guidelines on Party Representation in International Arbitration have been used in the region and any relevant issues or trends which have arisen since their adoption.

Moderator:

Alejandro Flores, Loperena Lerch Martín del Campo, Mexico City

Panelists:

Eliana Baraldi, De Vivo, Whitaker e Castro Advogados, São Paolo

Julieta Ovalle Piedra, Bufete Ovalle Favela, S.C., Mexico City

Rafael Rincón, Gómez-Pinzón Zuleta Abogados, S.A., Bogotá

Timothy J. Sullivan, King & Spalding, Washington, DC

19:00

Adjourn

19:00 - 21:00

Welcome Reception at the JW Marriott Hotel

Tuesday, December 1, 2015

7:45 - 8:45

ITA Americas Initiative Committee Meeting

9:00

9:10

Keynote Address

The International Framework of the Fight Against Corruption

Our keynote speaker will give an overview of the significant multilateral legal framework and instruments that establish an international rule of law on corruption. Focusing on particular efforts and the regulatory framework carried out by the OECD (OECD Anti-Bribery Convention, OECD Working Group on Bribery, OECD Bribery Report), he will address the definition of “foreign bribery” and the anatomy of a corrupt transaction and explain basic elements in order to inform our discussions later in the day.

9:45

Which tools are available to a tribunal in a commercial arbitration to deal with a finding of corruption?

This panel will approach from a practical standpoint the questions that every arbitrator is faced with when an allegation of corruption is brought forward by a party. How do arbitrators assess the validity of this allegations? Should the tribunal dismiss the claims? Is it appropriate for the tribunal to annul the agreement? How does the tribunal apply local law vs international law in assessing the standard for corruption? Is the use of red flags to detect corruption in contracts a useful tool? What is the extent of the duties and powers of arbitrators to deal with suspicions of corruption, should the tribunal report corrupt allegations to national authorities? Which are the remedies and sanctions which may be granted by the tribunal?

10:50

Coffee break

11:10

How to deal with corruption allegations in Investment Arbitration

Allegations of corruption have increased in investment arbitration in the past years and are being used by States as a defense against investor´s claims. Also in some cases Claimant may want to prove the existence of corruption when it has prevented its access to the investment. This panel will analyze how corruption issues arise and what investment tribunals have done or may do in the future to address corruption allegations. Our renowned panelists will also comment on several other complex issues arising from allegations of corruption, such as: How do violations of domestic laws on corruption impact the outcome of international arbitration? Is dealing with corruption a matter of jurisdiction, admissibility or the merits? How should we deal with state responsibility for corruption and the attribution asymmetry in international investment arbitration?

12:15

Enforcement of an arbitral award in which there are underlying issues of corruption

Where the tribunal has decided a case and underlying issues of corruption have not been dealt with or were dealt with unsatisfactorily, a party opposing enforcement may seek the annulment of the award based on a violation of public policy. This raises important questions for a judge receiving the application. What is the balance between the finality of arbitral awards and public policy concerns? What should be the standard of review?

13:20

Luncheon and Luncheon Address

The Honorable Bernardo Sepúlveda Amor, Of counsel at Creel, García-Cuellar, Aiza y Enriquez, S.C., Immediate Past Vice President of the International Court of Justice, Former Secretary of Foreign Affairs of Mexico

15:20

Proving corruption, what should be the applicable standard?

This panel will comment on the relevant factors which tribunals have taken into consideration when assessing and weighing evidence of corruption. Is there a procedural consensus on how to deal with corruption allegations in international arbitration? What ethical issues may arise and how may counsel deal with them?

Moderator:

Lucinda A. Low, Steptoe & Johnson LLP, Washington D.C.

Panelists:

Christa Mueller, Noriega + Escobedo, Mexico City

Joe Tirado, Global Co-Chair of International Arbitration, Winston & Strawn London LLP, London

Marc Veit, LALIVE, Zurich

16:30

Coffee break

16:50

Americas Forum

The Americas Forum is an open informal discussion providing the opportunity for arbitrators, arbitration counsel and in-house counsel to share experiences and raise concerns in transnational arbitration in an off-the-record unstructured dialogue format. The agenda for the Forum is determined by the participants, by pre-submitted questions and topics and by spontaneous remarks at the event. Registrants will receive instructions on how to submit questions or topics for discussion at the Forum.

Moderators:

Cecilia Flores Rueda, Basham, Ringe y Correa S.C., Mexico City

Claus von Wobeser, Von Wobeser y Sierra, S.C., Mexico City

18:00

Adjourn

19:00-21:00

Americas Workshop Dinner at Club de Industriales (Optional)

Please indicate on the registration form if you wish to attend. Ticket price is $100 per person.

CLE Credit

MCLE Credit

This program is approved by the State Bar of Texas for a total of 8.5 hours, including 1.25 hour of ethics. Course ID Number: 901328009. Credit hours for other states will vary and are subject to each state’s approval and credit rounding rules.

For this conference, ITA will directly apply (if requested) for course accreditation in the following states: California, Minnesota, New Mexico, Ohio, Oklahoma, Pennsylvania, Texas and Virginia. Some of these states may not approve a program for credit hours before the program occurs. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. ITA conferences are typically accredited by all mandatory CLE states.

Hotel Information

The cost of housing is not included in tuition. However, rooms (in limited number) have been reserved at the JW Marriott Hotel Mexico City, Andres Bello 29, Mexico City, D.F. 11560, Mexico. Registrants should make your reservations directly with the hotel: (a) online – click here; or (b) by phone at (52 55) 5999 0126. Please advise the hotel that you are attending the “Seminario ITA-CANACO” to receive a special reduced rate of $259 USD + taxes per night. The last day to obtain this special rate is November 13, 2015. As a limited number of rooms have been blocked at the hotel, availability cannot be guaranteed once the room block is full so make your reservations early.

Sponsorship Opportunities

Sponsorship opportunities are now available. Please contact David Winn now for more information.

Gold Sponsor - $5,000 USD (approx $80,000 MXP)

Recognition as a Gold Sponsor in all Workshop e-marketing, online and at the conference

Company/firm logo prominently displayed in the Workshop program and on the Workshop website with a link to the company/firm website

Exposure to the constituents of ITA, CANACO and our supporting organizations